Terms/cases
A teacher was found liable in the court case involving the 11-year old student who was injured during a game of floor hockey because the court found that the assumption of risk cannot be used as a viable defense.
What is Berman v. Philadelphia Board of Education?
This is the event in a given situation which causes the harm
What is proximate cause?
This type of negligence involves damages caused by the plaintiff's own negligence
What is contributory negligence?
This type of damage deals with an award to compensate to injured persons for their losses. These losses can include medical expenses or lost salary.
What is compensatory damage?
This negligence prevents the judge of jury from comparing the relative negligence of the plaintiff and the defendant in causing the injury. The award is given to the plaintiff in a proportional amount in comparison to her negligence.
What is comparative negligence?
An immunity that is apart of the 11th amendment that implies a state cannot be sued by an individual
What is sovereign immunity?
When a person sues someone because they feel their social status has been destroyed or slandered
What is personal humiliation?
This type of negligence deals with the hiring of personal, which resulted in a issue(s)
What is negligent hiring?
This damage is awarded where defendants have shown malice, fraud, or reckless disregard for an injured person's safety or constitutional rights
What is punitive damage?
A person who feels like their name or dignity has been damaged
What is impairment of reputation
The state and it's agencies being granted the right of not being sued or held liable for their employees negligient actions.
What is Governmental Immunity?
In the court case, Wagenblast v. Odessa School District, The Supreme Court held that parents that filled out the waiver can still sue the school district and hold them ________ if their child is hurt during the sporting event.
What is liable?
A father of a thirteen year old girl sued school counselors for failing to prevent his daughter's suicide and providing what type of care
What is duty of care?
These are small symbolic awards where the plaintiff has been wronged, but cannot show actual damages.
What is nominal damages?
A person or party that acts honestly and fair is an example of
What is good faith standard?
The defense will have to cover all the expenses in result to their actions against the opposing party
What is mental anguish and suffering?
In this case, a school was held liable, both teachers and students are protected against discrimination under Section 504, after firing a an employee after she tested positive for tuberculosis.
What is School Board of Nassau County v. Arline (1987)?
This case dealt with a boy who was beaten by several other boys, whom were not affiliated with the school. The teachers were not held liable for the incident because they did not have a duty to foresee a situation so and the did not have the ability to supervise the entire museum.
What is Mancha v. Field Museum of Natural History?
This case took place in 1978 and involved two Chicago students being suspended for twenty days without due process.
What is Carey v. Piphus?
The winner of a lawsuit
What is a prevailing party?
Peter W. v. San Francisco Unified School District is an example court case that shows the California school is not found liable of this legal action after the court realized that it is not the school's fault that a student did not have adequate educational skills
What is educational malpractice?
This case took place in Arkansas when school officials intentionally deprived two students of their constitutional rights while being suspended unlawfully.
What is Wood v. Strickland?
The teacher showed this type of negligence in the Sheehan v. St. Peter's Catholic School case when the teacher failed to supervised the students during recess, which lead to an injury
What is reasonable care?
This law forbids teachers to violate students' and other teachers' constitutional rights. Example of this: (Like the case of Corbett v. Duerring and the Kanawha County Board of Education)
What is section 1983?
A court case where negligent hiring was taken place due to a principal being hired that had sexually assaulted a student.
What is School Board of Orange County v. Coffey